Gay-rights groups assail Cuccinelli's opinion

Virginia's governor needs to change the law that he and the attorney general say keeps the state from banning discrimination against gays and lesbians, a gay-rights group says.

Equality Virginia yesterday called on Gov. Bob McDonnell to introduce legislation amending the state Human Rights Act to prohibit discrimination based on sexual orientation.

The request came after Attorney General Ken Cuccinelli issued an opinion telling state colleges and universities last week that they could not have policies banning discrimination against gays and lesbians.

McDonnell has canceled an executive order banning such discrimination in state government, an order he had opposed in 2006 when he was attorney general.

"Repeating that you believe discrimination based on sexual orientation is wrong no longer carries any weight," Jon Blair, Equality Virginia's chief executive, wrote to the governor.

"The attorney general's and your legal opinion makes crystal clear you believe . . . that neither you nor any state officer has authority to hold anyone accountable when they practice such discrimination."

Chris Freund, vice president of The Family Foundation, said he doesn't understand what about Cuccinelli's letter concerned people.

"All he was doing is telling his clients what the law is," Freund said.

Freund said he doesn't believe extending anti-discrimination law to cover sexual orientation was necessary.

"There's no evidence that it is taking place," Freund said.

He added that it may be time to ask whether any kind of antidiscrimination law is needed. Only a small number of people are prejudiced and act on that, he said.

But Cuccinelli's letter, coming so soon after a legislative committee and McDonnell rejected moves to prohibit discrimination against gays and lesbians in state government, feels like a concerted attack on rights, many gays and lesbians say.

"It was like a one-two-three punch," said the Rev. Robin H. Gorsline, pastor of the Metropolitan Community Church.

"A lot of us feel a little unwelcome in our own community," he said. "We may not feel welcome, but we're not leaving."

Although nearly all colleges and universities in the state prohibit discrimination on the basis of sexual orientation, Gorsline said state government employee associations and his own church members say many people in government suffer discrimination.

"If you can't be sure your performance is what guarantees your employment, you have to worry," he said. "Your private life is your private life."

Officials from colleges and universities across the state have said they are reviewing Cuccinelli's letter.

Though no universities have yet acted on the letter, two student groups at the University of Virginia said they are concerned about what happens next.

"As students, we need to be worrying about our class work, not contemplating how our daily lives are going to change or whether our jobs, or even our lives, are safe because of the negative attitude our government holds," the groups Queer Student Union and Queer and Allied Activism said in a letter to McDonnell.

"What this all boils down to is respect. This is a human-rights issue, and having the authorization to legally discriminate against someone should not be allowed in any legal system or university," they said.